Tuesday, April 18, 2017

New Head of Office for Civil Rights Signals Entirely Newly Direction - Education Law Prof Blog

The past four years of the U.S. Department of Education' Office for Civil Rights may have been its strongest in decades. Under Catherine Lhamon, the Office's work expanded substantially. The Office published a number of new guidance documents that made it clear that it would enforce the law, including disparate impact. The symbolism of these documents, along with growing faith in the Office, likely explains increases in complaints to the Department. Unfortunately, the new Acting Assistant Secretary for the Department, Candice Jackson, signals that the coming years may look far different. Jackson was formally named the Deputy Assistant Secretary, which does not require Senate confirmation, and will serve as acting Assistant Secretary until the administration formally nominates someone to that position and the person is confirmed by the Senate.

Pro Publica has published an article on Jackson's background. It appears that the administration is following the game plan we saw with DeVos, appointing someone with limited experience, but strong ideological leanings. Pro Publica describes her background this way:

Although her limited background in civil rights law makes it difficult to infer her positions on specific issues, Jackson’s writings during and after college suggest she’s likely to steer one of the Education Department’s Education Law Prof Blog: